Title V — Modernizing flood mapping and flood risk accuracy

S. 1313 · 115th Congress · Jun 7, 2017 · Lineage

V Modernizing flood mapping and flood risk accuracy

Sec. 501 Reauthorization of National Flood Mapping Program

Section 100216(f) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(f)) is amended—

(1)

by striking “to carry out this section $400,000,000” and inserting the following:

“(1) $400,000,000”

(2)

by striking the period at the end and inserting the following:

“(2) $500,000,000 for each of fiscal years 2018 through 2027.”

Sec. 502 Mapping standards and guidelines for nongovernmental entities

Section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a) is amended by adding at the end the following:

“(m) Private or community flood maps

“(1) Standards and procedures—In addition to the other duties of the Council under this section, not later than 1 year after the date of enactment of this subsection, the Council shall develop and establish a set of standards, guidelines, and procedures for—

“(A) State and local governments, federally or State-recognized metropolitan planning organizations (commonly known as “MPOs”), federally or State-recognized councils of local governments, and federally or State-recognized rural transportation planning organizations to use in mapping flood risks and developing alternative maps to the flood insurance rate maps developed by the Administrator; and

“(B) certification, by the Administrator not later than 90 days after the date on which a map developed under subparagraph (A) is submitted to the Administrator, for use under the National Flood Insurance Program in the case of any area covered by a flood insurance rate map developed or approved by the Administrator that has not been updated or reissued during the preceding 3-year period.

“(2) Treatment—On and after the date on which the Administrator certifies a map under paragraph (1)(B), the map—

“(A) shall be considered the flood insurance rate map in effect for all purposes of the National Flood Insurance Program with respect to the area covered by the map; and

“(B) may not be revised, updated, or replaced in accordance with the standards, guidelines, and procedures established under paragraph (1) before the expiration of the 3-year period beginning on that date of certification.

“(3) Exemption from rulemaking—Until the date on which the Administrator promulgates regulations implementing paragraphs (1) and (2), the Administrator may adopt policies and procedures, notwithstanding any other provision of law, necessary to implement those paragraphs without regard to section 553 of title 5, United States Code, and without conducting regulatory analyses otherwise required by statute, regulation, or Executive order.”

Sec. 503 Use of high-resolution mapping technology

(a)

In general— Section 100216(b)(1) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(1)) is amended—

(1)

in subparagraph (A)(i), by inserting “subject to subparagraph (D),” before “all populated areas”;

(2)

in subparagraph (B), by striking “and” at the end;

(3)

in subparagraph (C), by striking the period at the end and inserting the following: “, including by facilitating, partnering with other Federal, State, and local agencies with respect to, and leveraging the efficient acquisition of the most up-to-date high-resolution topographic data, such as Light Detection and Ranging (commonly known as “LiDAR”) data and other new and emerging technologies; and”; and

(4)

by adding at the end the following:

“(D) establish standards that may be used as the basis for insurance rating purposes to identify multi-frequency flood hazards and flood hazard information that appropriately characterizes the nature of flooding for areas subject to a mapping update, including by using the most up-to-date high-resolution topographic data as required under subparagraph (C), in order to reduce flood risk and improve the accuracy of National Flood Insurance Program rate maps.”

(b)

Report— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on compliance by the Administrator with the requirement under subparagraphs (C) and (D) of section 100216(b)(1) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(1)), as amended by subsection (a), to use the most up-to-date high-resolution topographic data and multi-frequency flood hazards in order to reduce flood risk and improve the accuracy of National Flood Insurance Program rate maps.

Sec. 504 Protected areas

Section 100216(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)) is amended by adding at the end the following:

“(4) Zones protected by levee systems

“(A) Applicability—Subject to full implementation of this section, and notwithstanding any other provision of law, this paragraph shall apply to a community in which the Administrator maps or re-maps a levee-impacted area in which the pertinent levee system fails to meet the minimum design, operation, and maintenance standards of the National Flood Insurance Program required for levee accreditation on a National Flood Insurance Program rate map.

“(B) AL Zones—For levee-impacted areas described in subparagraph (A), the Administrator shall establish flood risk zones known as AL Zones on the National Flood Insurance Program rate map.

“(C) Actuarial rates

“(i) In general—The Administrator shall make available flood insurance to properties in AL Zones at actuarial rates based upon the risk associated with structures within the applicable AL zone.

“(ii) Temporary rates—Until the Administrator promulgates actuarial rates for the various AL zones, a structure within a portion of a community located within a levee-impacted area described in subparagraph (A) shall be eligible for rates associated with areas of moderate flood hazards (also known as Standard X zone rates).”

Sec. 505 Coastal flood models

Section 100216(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)), as amended by section 504, is amended by adding at the end the following:

“(5) Coastal flood models—In updating maps under this section, the Administrator shall use coastal flood models that ensure technically and scientifically accurate modeling to represent and communicate flood risk.”